Yes, Missouri law permits disinheriting a child, but strict probate statutes and judicial scrutiny govern such decisions. A parent may exclude a child from a will or trust, yet the child may contest the action if they believe the disinheritance resulted from undue influence, fraud, or lack of testamentary capacity. Missouri courts prioritize the testator’s intent, provided the will complies with state formalities under §474.320 RSMo. Recent 2026 amendments to the Missouri Uniform Probate Code enhance protections for omitted children, requiring clear evidence of intentional disinheritance.
Key Regulations for Disinheriting a Child in Missouri
- Omitted Child Statute (§474.360 RSMo): A child born or adopted after a will’s execution may inherit a share unless explicitly disinherited in the document. Courts presume unintentional omission unless the will demonstrates clear intent to exclude the child.
- Undue Influence & Capacity Challenges: Disinheritance is vulnerable to contest if the child proves the testator lacked mental capacity at execution or was coerced. Missouri courts apply the “presumption of undue influence” when a beneficiary stands in a confidential relationship with the testator.
- Formalities & Execution Requirements (§474.320 RSMo): A valid disinheritance must adhere to strict will formalities, including two disinterested witnesses and a holographic will’s handwritten, signed, and dated requirements. Noncompliance risks invalidation, triggering intestate succession.